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A366, R434, H4831
Sponsors: Reps. Cobb-Hunter, Young, Simrill and Whipper
Document Path: l:\council\bills\nbd\12268ac06.doc
Introduced in the House on March 15, 2006
Introduced in the Senate on April 27, 2006
Last Amended on June 1, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 9, 2006, Signed
Summary: Community Domestic Violence Coordinating Councils
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2006 House Introduced and read first time HJ-102 3/15/2006 House Referred to Committee on Judiciary HJ-102 4/25/2006 House Recalled from Committee on Judiciary HJ-143 4/26/2006 House Member(s) request name added as sponsor: Whipper 4/26/2006 House Read second time HJ-52 4/27/2006 House Read third time and sent to Senate HJ-12 4/27/2006 Senate Introduced and read first time SJ-25 4/27/2006 Senate Referred to Committee on Judiciary SJ-25 4/27/2006 Senate Referred to Subcommittee: Martin (ch), Ford, Ritchie, Cromer, Malloy 5/24/2006 Senate Polled out of committee Judiciary SJ-22 5/24/2006 Senate Committee report: Favorable Judiciary SJ-22 5/25/2006 Senate Amended SJ-53 5/25/2006 Senate Read second time SJ-53 5/30/2006 Scrivener's error corrected 5/31/2006 Senate Read third time and returned to House with amendments 6/1/2006 House Senate amendment amended HJ-32 6/1/2006 House Returned to Senate with amendments HJ-32 6/1/2006 House Reconsider vote whereby amendment 1A adopted HJ-63 6/1/2006 House Amendment 1A tabled HJ-63 6/1/2006 House Senate amendment amended HJ-63 6/1/2006 House Returned to Senate with amendments HJ-63 6/1/2006 Senate Concurred in House amendment and enrolled SJ-16 6/7/2006 Ratified R 434 6/9/2006 Signed By Governor 6/16/2006 Copies available 6/16/2006 Effective date 06/09/06 6/23/2006 Act No. 366
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VERSIONS OF THIS BILL
(A366, R434, H4831)
AN ACT TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS; AND TO ADD SECTION 22-3-546 SO AS TO AUTHORIZE A CIRCUIT SOLICITOR, IN A CIRCUIT WITH FIVE OR MORE COUNTIES, TO ESTABLISH AND DIRECT A PROGRAM TO PROSECUTE FIRST OFFENSE MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO REQUIRE THE SOLICITOR TO REPORT THE RESULTS OF THE PROGRAM TO THE PROSECUTION COORDINATION COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Community domestic violence coordinating councils
SECTION 1. Section 43-1-260 of the 1976 Code, as added by Act 92 of 2003, is amended to read:
"Section 43-1-260. (A) The circuit solicitor shall facilitate the development of community domestic violence coordinating councils in each county or judicial circuit based upon public-private sector collaboration.
(B) The purpose of a domestic violence coordinating council is to:
(1) increase the awareness and understanding of domestic violence and its consequences;
(2) reduce the incidence of domestic violence in the county or area served; and
(3) enhance and ensure the safety of battered women and their children.
(C) The duties and responsibilities of a domestic violence coordinating council include, but are not limited to:
(1) promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;
(2) establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;
(3) facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;
(4) monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;
(5) providing public education and prevention activities; and
(6) providing professional training and continuing education activities.
(D) Membership on a domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered women's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, local department of social services, and the education community. Members on the council shall develop memoranda of agreement among and between themselves to ensure clarity of roles and responsibilities in providing services to victims of domestic violence.
(E) Each coordinating council is responsible for generating revenue for its operation and administration."
Program for the prosecution of first offense misdemeanor criminal domestic violence offenses
SECTION 2. Article 5, Chapter 3, Title 22 of the 1976 Code is amended by adding:
"Section 22-3-546. A circuit solicitor, in a circuit with five or more counties, may establish a program under his discretion and control, to prosecute first offense misdemeanor criminal domestic violence offenses, as defined in Section 16-25-20, in general sessions court. Whether to establish a program, and which cases may be prosecuted in general sessions court, are within the sole discretion of the solicitor. A solicitor shall report the results of the program to the Prosecution Coordination Commission."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2006.
Approved the 9th day of June, 2006.
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